California River Watch v. Fluor Corp.

Good Law
139 F. Supp. 3d 1027·2015 WL 5970175·81 ERC (BNA) 1986·2015 U.S. Dist. LEXIS 140047
United States District Court, Northern District of CaliforniaOctober 14, 2015Case No. 10-cv-05105-WHOCalifornia2,421 words

Opinion

Lead Opinion

Orrick, J.

ORDER REGARDING MOTION FOR CLARIFICATION

Re: Dkt. No. 261

INTRODUCTION

On August 7, 2015,1 granted Fluor Corporation’s motion for partial summary judgment that The Shiloh. Group, LLC (“TSG”) is a liable person under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) section 107(b) and that several of TSG’s affirmative defenses were meritless. Dkt. No. 260. TSG then asked that I clarify whether its statute of limitations defense, which Fluor did not originally address in its motion but which I discussed in my Order after TSG raised it in opposition to the motion, was also barred. To insure a complete record, I allowed both sides to brief the issue. Further oral argument is unnecessary and.I VACATE the hearing set for October 14, 2015. I have reviewed the respective briefing and GRANT Fluor’s motion that TSG’s affirmative defense regarding the statute of limitations is meritless.

BACKGROUND

The material facts' in the case are not in dispute. TSG is the owner of the industrial and commercial property at 930 Shiloh Road in Windsor,' California that has a *1028 history , of environmental contamination. Dkt. 232 at 1. Fluor owned and conducted…

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